California, United States of America
The following excerpt is from the Marriage of Kerry, In re, 158 Cal.App.3d 456, 204 Cal.Rptr. 660 (Cal. App. 1984):
Where one spouse does not have the funds available to pay attorney fees to prosecute a family law motion, the other spouse is able to pay, and the motion is made in good faith, it is an abuse of discretion to deny a request for attorney fees to the needy spouse. (See Hunter v. Hunter (1962) 202 Cal.App.2d 84, 92-93, 20 Cal.Rptr. 730.) Additionally, where wife's assets are in nonliquid form, and her liquid assets are insufficient to meet her needs for attorney fees, the nonliquid assets will not support an order denying her attorney fees. (See In re Marriage of Jacobs (1982) 128 Cal.App.3d 273, 288-289, 180 Cal.Rptr. 234.)
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